Supreme Court of India · 1991-09-06
VINOD GURUDAS RAIKAR vs NATIONAL INSURANCE CO LTD. .
- Citation / case number
- SC 1991/73794
- Court
- Supreme Court of India
- Petitioner
- VINOD GURUDAS RAIKAR
- Respondent
- NATIONAL INSURANCE CO LTD. .
- Author
- L.M. SHARMA
- Bench
- L.M. SHARMA
Judgment text excerpt
The Supreme Court held that the claim for compensation arising from a road accident must be governed by the Motor Vehicles Act, 1988, as the claim was filed after its enactment. The Court ruled that the delay in filing the claim beyond six months could not be condoned under Section 166(3) of the new Act. It clarified that while the right to claim compensation is enforceable, the period of limitation is adjectival and must adhere to the new Act's provisions, thus dismissing the appeal.